When Can Transposition Of Defendants As Plaintiffs Be Permitted? SC Answers [Read Judgment]

In a judgment delivered last week, the Supreme Court has examined the scope of Rule 1A of Order XXIII CPC which deals with power of a court to permit transposition of defendants as plaintiff. The bench comprising Justice Uday Umesh Lalit and Justice Dinesh Maheshwari observed that, if the plaintiff is seeking to withdraw or to abandon his claim under Rule 1 of Order XXIII and the defendant seeking transposition is having an interest in the subject-matter of the suit and thereby, a substantial question to be adjudicated against the other defendant, then the defendants can be transposed as plaintiffs. Rule 1A, provides that, in the eventuality of plaintiff withdrawing the suit or abandoning his claim, a pro forma defendant, who has a substantial question to be decided against the co-defendant, is entitled to seek his transposition as plaintiff for determination of such a question against the said co-defendant in the given suit itself. would be to examine if the plaintiff is seeking to withdraw or to abandon his claim under Rule 1 of Order XXIII and the defendant seeking transposition is having an interest in the subject-matter of the suit and thereby, a substantial question to be adjudicated against the other defendant.